- General Terms And Conditions
GENERAL TERMS & CONDITIONS
GENERAL CONDITIONS OF WEBSITE USE
INFORMATION ABOUT US
WWW.EKOGOOSE.COM is a website operated by Ekogoose Limited ("Ekogoose", "we", "us", "our"). We are registered in Scotland under company number SC570354 and have our registered office at 5th Flooor,125 Princes Street, Edinburgh, EH2 4AD, United Kingdom. Our VAT number is 273859752.
ACCESSING OUR WEBSITE
Our website is made available free of charge for your non-commercial use. However, you are responsible for making all arrangements necessary for you to have access to our website.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our website without notice or liability. We will not be liable to you if for any reasons our website is unavailable at any time or for any period.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these general conditions of use and other applicable terms and conditions, and that they comply with them.
In order to purchase the products and services using the payment method displayed on the website, you must be 18 years of age or over. By using the website, you confirm that you possess the legal authority to enter into the conditions of use for the website, including instructing Ekogoose to collect any payments from a credit or debit card, and to use the website in accordance with all terms and conditions. You confirm that all information supplied by you in using the website is true and accurate.
The website is currently designed, for an optimized visualization, on screens of 800x600 or superior and 256 colours or superior level. We reserve the right to modify at any time the presentation, configuration and location of the website, as well as the contents and conditions required to use it. We also reserve the right to withdraw access to the website, without prior notice, to any user who contravenes these general conditions of use.
Passwords/Logins: - Certain portions of the website may be protected by passwords or require a login. If you have been given a password or other PIN for access to non-public areas of the website, you are solely responsible for all activities occurring in connection with or originating from such password or PIN. You should take steps to protect the confidentiality of such password or PIN and notify Ekogoose immediately if you become aware of any disclosure, loss, theft or unauthorised use. Availability of Site: - We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any products or services offered on the website without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance or unavailability of the website or any products or services offered on the website.
NO RELIANCE ON INFORMATION
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. Although we take reasonable steps to ensure the accuracy of the information accessed via and appearing on our website, we cannot guarantee or give any warranty, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for any content provided by third parties and are merely providing access to such content to you. We have no obligation to verify or moderate the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
By using the website, you: agree not to use it in a way this is contrary to any applicable law or these general conditions; acknowledge and accept that access to and use of the website and its contents take place freely and consciously, under your sole responsibility; undertake to make appropriate and lawful use of the website and its contents and applications, in accordance with applicable legislation, these general conditions, morality, generally accepted good customs and public order; agree to refrain from using the website and its contents for illegal purposes or effects, or in a manner that is contrary to these general conditions, harmful to the rights and interests of third parties, or that may in any way may harm, disable, overload or deteriorate the website services or contents or prevent the normal use or enjoyment thereof by other users; and acknowledge that access to the website is free of charge, except for any services or applications that you may have elected to purchase through it.
Third Party Links and Resources in Our Website
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
Limitation of Our Liability
This website and its content are provided "as is" and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our website or any content on it.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our website, or use of or reliance on any content displayed on our website. In particular, we will not be liable for (i) loss of profits, sales, business, or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation, or (v) any indirect or consequential loss or damage.
You acknowledge and accept that: 1. the website and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it ("our content") are protected by copyright, trademarks and other intellectual property rights owned by us or licensed to us; 2. any reproduction or presentation of the content of the website or one of its elements for a commercial purpose, or for a use beyond those permitted under these general conditions, is prohibited; and 3. failure to comply with these the provisions of these general conditions will give Ekogoose or its affiliates the right to take legal action.
Using Our Website's Images and Contents
We recognise that the Internet is a means to share information. Anyone accessing this website is entitled to view any part of it except for non-public areas. However, our content must not be used or reproduced (in whole or part) for any purpose, including for private and/or non-commercial purposes, nor transmitted or registered by any information retrieval system, including on or in connection with another website or publication or for commercial gain, without first obtaining a licence to do so from us. Any exploitation of this website, including all types of reproduction, distribution, assignment to third parties, prior communication and transformation by means of any medium is not permitted without the express prior authorisation of Ekogoose.
If you would like to apply to reproduce images or the contents of the website, please email firstname.lastname@example.org. We will apply criteria including the following when evaluating applications: - the website on which such images or contents are proposed to be featured ("relevant website") is not for profit; - the relevant website offers a positive image of our brand; - the relevant website contains indecent or illicit material; - the images from our website will not be modified; - only images that represent our products would be reproduced; - the number of images to be reproduced is reasonable and consistent with the purpose of our website; - the ownership of our copyright would be indicated as follows: "Copyright ©."; - the source of the images would be indicated by means of a hyperlink to our website; and - whether you will permit us to link from our website to the relevant website.
Linking to Our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided that the website in which you are linking must comply in all respects with our acceptable use standards. You must also not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you and our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission to all users or on an individual basis without notice. If you wish to make any use of content on our website other than that set out above, please email email@example.com.
You undertake to refrain from: 1. sending advertising of any kind and communications for sale or other commercial purposes to any other users of the website without their prior request and obtaining consent from Ekogoose; 2. sending any other unsolicited messages, to any other users of the website without their prior consent; 3. sending chains of unsolicited electronic messages to users of the website; 4. using distribution lists that can be accessed through the website for carrying out the activities indicated in items 1 to 3; 5. making available to third parties, for any purpose, any data collected from distribution lists; 6. obtaining, or attempting to obtain, information and any kind of material accessible through the website through unauthorised means; 7. using the contents of the website for purposes other than those intended, including reproducing, modifying or transforming them in an unauthorised manner; 8. presenting a page from the website in a window that does not belong to the website by means of "framing" without Ekogoose's express prior consent in writing; 9. "in line linking" to a page on the website without Ekogoose's express prior consent in writing; and 10. extracting any elements from the website without Ekogoose's express prior consent in writing.
Ekogoose does not grant any licence or authorisation for any use of its industrial and intellectual property rights or any other property or right related to the website unless this is expressly agreed with third parties and Ekogoose.
Any rights not expressly granted to Ekogoose in these general conditions are reserved to Ekogoose, or if applicable, to any third parties.
COOKIES AND UNSOLICITED MESSAGES
The website uses its own, and third party cookies for its operation, to keep the session and to personalise the user experience, as well as to obtain anonymous statistics about use of the website. For more information on the cookies we use, please check our Privacy and Cookies Policy.
If you wish to inform Ekogoose that you have received an unsolicited message from another website user, or for any comments or questions about your privacy, please send an e-mail to firstname.lastname@example.org. For our more information on your privacy, please consult our Privacy and Cookies Policy.
These general conditions of use, our Privacy and Cookies Policy and your use of this website and any dispute arising out of or in relation to it are governed by Scottish law and you agree that the courts of Scotland will have exclusive jurisdiction to hear any such disputes.
If any provision of these terms is or becomes invalid or unenforceable then the remaining provisions will not be affected. No waiver by us of any breach of these terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
CHANGES TO THESE GENERAL CONDITIONS
We may amend these general conditions of use at any time by posting the amended terms on this website. All amended conditions will automatically take effect immediately on posting. Please check these general conditions of use periodically to inform yourself of any changes that are binding on you.
TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (together with the documents referred to in it) are the terms on which you ("You" or "Your") may purchase a tour from Ekogoose Limited ("Ekogoose", "we", "us", "our") through the WWW.EKOGOOSE.COM website ("website"). Ekogoose is registered in Scotland under company number SC570354 and we have our registered office at 5th Floor, 125 Princes Street, Edinburgh, EH2 4AD, United Kingdom. This is our registered office. Our VAT number is 273859752.
By purchasing a tour(s) through the website and clicking the box to say You accept these terms, You confirm that You accept these terms and conditions of sale and that You agree to comply with them. If You do not agree to these terms and conditions of sale, You may not purchase a tour(s) from us through the website.
Tour sales: All tours booked through our website are contracted and processed by Gordon Travel acting as an agent for Ekogoose. All sales are final: tours cannot be exchanged or money refunded by Ekogoose, unless we do not perform our obligations under these terms with reasonable care and skill. In order to verify genuine tour sales, the confirmation e-mail information needs to show the time and date of the tour when presented. We reserve the right to refuse emails that do not show this information. When You submit an order on the website, You make an offer to enter into an agreement with us to take a tour with us. We may accept Your offer by emailing You a confirmation to signify that Your offer has been accepted. When we confirm Your order, You enter into a binding agreement with us. We will fulfil our agreement with You when we send You Your email confirmation for the relevant activity, or a link to download Your confirmation. Online tours are booked on the understanding that the email confirmation we send You is a pre-paid voucher, which must be redeemed for a tour. All e-mail(s) must be pre-printed before arrival. The email confirmation to travel is valid for use only on Ekogoose's Tour for the time and date booked. Please check and confirm these at time of booking. The email confirmation to travel remains the property of the company and must be made available for inspection by the driver, guide or any official of Ekogoose the operator of the relevant service on demand. All children and teenagers (a child/teenager is defined as anyone from 5 years old and up to and including the age of 17 years old at the date and time of the tour) must be accompanied by an adult. Prices shown on the website are inclusive of all taxes, customs duties and fees. The prices remain valid as advertised from time to time and may be subject to change without notification. The prices shown on the website do not include any delivery costs, since none will be applied. If a discount, currency adjustment or other price amendment results in a price of three or more decimal places, the price will be rounded up to the next price with two decimal places. Refunds: You do not have the right to cancel an order or ask for an exchange or refund once Your order has been confirmed by us. If a discretionary refund is agreed by Ekogoose's Management (which will take place only in exceptional circumstances), then the amount refunded will be subject to an administration fee of 50% of the order value and will only be refunded after the expiry date and time of the tickets purchased.
However, You do have the statutory right to a refund if we have not performed the services with reasonable care and skill, or the services do not correspond with the information we have given You about them. If this is the case, then we will not charge You an administration fee.
Complaints: Should You have any reason to complain, kindly note this needs to be done within 10 days of the date of the tour. Any complaints must be accompanied by Ekogoose confirmation email. Alternatively, if You have a complaint that we are unable to resolve using our own internal complaints procedure, we will inform You by email that we cannot settle the complaint. You may then use the European Commission's online dispute resolution (ODR) platform in order to attempt to resolve the dispute, which is available here: http://ec.europa.eu/consumers/odr/. Ekogoose’s liability: Ekogoose is under a legal duty to supply You with the agreed services with reasonable skill and care and that conform to our description of them on the website. However, Liability for service levels: Ekogoose is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance. Ekogoose shall not be liable for any loss, damage, inconvenience or delay caused to You in relation to these terms, except where such loss or damage results from our failure to provide the services under these terms with reasonable skill and care or where the services do not conform to our description of them. Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence.
Credit Card payments: All payment transactions are handled by Ekogoose. Your credit/debit card and related personal details are collected by Ekogoose only in order to process Your order. We accept the following methods of payment: MasterCard, JCB and Visa. Payment will be taken in full upon our confirmation of Your order.
You agree that You are responsible for all charges incurred by Your use of the Site, including all bookings. You expressly authorise Ekogoose to charge the credit/debit card provided by You or listed on Your account for any outstanding fees or costs due to Ekogoose. If the credit/debit card holder for bookings is not You, it will be Your responsibility to ensure that You have the card holder's consent before entering any related details, and that such details when entered are true.
Modifications to the content and product offerings on the website: We reserve the right to make changes or corrections, alter, suspend or discontinue any aspects of the website or the content or the products or services available through the website without prior notice, without any liability to You. However, any such amendment or withdrawal will not affect orders already placed and we will honour any existing bookings or provide a refund in the event of unavoidable cancellations.
Changes to these terms: Ekogoose reserves the right to modify these terms and conditions at any time at its sole discretion by posting a change notice to this page.
Applicable law and disputes: These terms are governed by and construed in accordance with Scottish law, although regardless of the governing law of this agreement, you will always be entitled to any mandatory legal protections that apply in the country in which you are a resident. Any disputes arising in connection with these terms shall be subject to the jurisdiction of the Scottish courts. However, if you are a consumer (i.e. an individual acting in a non-business capacity), you may alternatively bring a claim to enforce your consumer protection rights in connection with these terms in the courts of the country in which you reside.
If you have any questions about these general conditions of use, please contact us by email on email@example.com or alternatively at:
5th Floor, 125 Princes Street